New Delhi (Gurpreet Singh): The Supreme Court has overturned a controversial Allahabad High Court judgment that had ruled that grabbing a minor girl’s breasts and pulling her pyjama string did not amount to an attempt to rape, calling the decision “patently erroneous”.
A three-judge Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and N.V. Anjaria, restored the summons issued by the trial court under Section 376 (attempt to rape) of the IPC along with provisions of the Protection of Children from Sexual Offences (POCSO) Act.
In its February 10 order, the court held that the alleged acts went beyond mere preparation and clearly constituted an attempt to commit rape.
“The facts alleged being so, we cannot agree with the finding of the High Court that the allegations only amount to preparation, but not an attempt,” the Bench observed, adding that a prima facie case for attempt to rape had been made out.
The top court said the High Court’s ruling reflected a “patently erroneous application of the settled principles of criminal jurisprudence” and emphasised that judicial decisions must reflect compassion, humanity and sensitivity towards victims.
The case relates to a 2021 incident in Kasganj, Uttar Pradesh, where two accused allegedly attacked an 11-year-old girl, grabbed her, pulled her clothing and tried to drag her to a secluded spot. The accused fled after passers-by intervened.
In March 2025, the Allahabad High Court had downgraded the charges from attempt to rape to lesser offences under the IPC and POCSO Act, drawing widespread criticism for being insensitive. The Supreme Court had stayed that order earlier and took suo motu cognisance following concerns raised by a civil society group.
The apex court has now made it clear that the allegations indicate a pre-determined intent to commit rape, restoring the more serious charges against the accused.
